This Agreement outlines the professional services that Ecreations Age (Company) will offer to (Client). By using Ecreations Services, the Client agrees to the conditions in this document.
Ecreations Age will be working on a (time-frame) contract with (Client), to handle all responsibilities that are related to its web and/or marketing. The Scope of work is as defined in the Invoice sent by Ecreations Age and paid either partially or in full by Client. The scope is confirmed for the invoice as soon as the first payment is received for the same.
In consideration of Client retaining Ecreations Age for website services for (Client), it is agreed and covenanted as follows:
1. Compensation and Term
The Client retains Ecreations Age, and Ecreations Age agrees to perform the agreed services by email or in written. Term shall be until the agreed upon completion of the agreed work within the time frame specified in the proposal or quote approved in written or by email by the Client.
Date to begin work, target date work is to be completed and first delivery of the website shall be as agreed with the customer. Client is solely responsible for supplying website content, authoring, organization, images in file format unless Ecreations Age has been hired specifically for this purpose and it is stated in the agreed upon specifications. If all text and graphics necessary to complete the work are not received by (Ecreations Age) within 30 days from the date of contract the balance of payment may become due and payable upon request. Any products or services not specified in this contract are not required of (Ecreations Age).
The following fees shall apply:
A payment fee to complete the agreed upon work has been accepted following signature of the contract, approval by email OR upon receiving first payment to the invoice sent by Ecreations Age to the Client. Depending on the agreed payment schedule, there may be more than two payments. The Client agrees to pay the totality of the remaining payments upon approving the completeness of the work delivered, unless other prior agreement with Ecreations Age. Every time the work is delivered, the Client will have 7 days to approve unless reasonable request for clarifications/changes is requested, after which the work will be deemed to be approved and corresponding payments will become due at that moment.
The fee quotes may or may not include the cost of domain registration, hosting set up fee, hosting, merchant account, secure online authorization or shopping cart.
Ecreations Age agrees to complete this project within the estimated budget, unless client requires additional work or services not agreed upon, or if client requires multiple design drafts or repeated changes, or more physical meetings that needed, which would significantly increase work required of Ecreations Age. Ecreations Age will not charge any fees in addition to those specified in this contract without first consulting the client and reaching an agreement regarding this. If it becomes necessary for Ecreations Age to bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including attorney’s fees.
This Agreement shall commence on the date agreed, and shall remain in effect until all obligations under this Agreement have been properly completed.
2. Warranties by Ecreations Age
Ecreations Age represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional and competent manner; that it has the power to enter into and perform this Agreement. However, Client will not determine or exercise control as to general procedures, formats or sub-contracting necessary to have these services meet Client’s satisfaction.
Ecreations Age acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
3. Confidentiality & Non-Disclosure
Ecreations Age recognizes and acknowledges that this Agreement creates a confidential relationship between Ecreations Age and Client and that information concerning Client’s business affairs, clients, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information.”
Ecreations Age agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.
The Client confirms that it owns the rights on or has the permission to use any element of text, graphics, photos, designs, trademarks or other artwork provided for inclusion in the website.
The Custom Code remains the Ecreations Age’s property and is licensed to the Client only for the purposes of this Agreement. Part of the designs used may be owned by the designers with whom we sub-contract. The Client cannot use the designs for another website nor can the Client transmit the rights of use to a third party without the Ecreations Age’s written consent.
The WordPress Software used to power the Website is released by GPLv2 (or later) from the Free Software Foundation available online. Derivative works, such as plugins or themes may be subject to the same licence or such other licence applicable.
The Ecreations Age reserves its rights to display and link the Client’s website to its portfolio. The company’s name will appear on the footer of the Website. Should the Client wish to acquire these rights, additional charges as such determined by Ecreations Age will apply.
Other software used are subject to their respective licenses.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
The failure on the part of Ecreations Age Ltd to require strict adherence by any user of any provision of this Agreement shall not be construed as a waiver in respect of any continuing or subsequent failure to perform or delay or in no way effect the full right to require such performance and/or adherence at any time thereafter.
This Agreement shall be governed by the Laws of the Republic of Mauritius and and any dispute in relation thereto shall be submitted to the exclusive jurisdiction of the Mauritian Courts. Arbitration will be preferred.